ObamaCare Now More Unpopular Than Ever, 53% Against 39%; Strong Opposition at 40%, with Strong Support Less Than Half That

Two-thirds continue to say the high court should throw out either the entire law (38 percent) or at least the part that requires most individuals to obtain coverage (29 percent) or face a penalty; just a quarter want the court to uphold the law as is. Those numbers, like views on the law overall, are essentially unchanged from a month ago.

It occurred to me that that the oral argument, and the shock expressed by liberals that the arguments in favor of ObamaCare were so weak, has a terrific benefit.

The public very quickly, I think, got the signal that despite what the media had been telling them, the case against ObamaCare was strong.

And I think then that they have an expectation it might be struck down -- the public anticipates this, and is okay with it. Actually, they're in favor of it.

Thus, the various claims that striking down ObamaCare would injure the authority of the court are wrong. The public wants the court to strike it down; the public further expects them to strike it down; and the public believes, I think, there is a solid Constitutional rationale for striking it down.

This, in turn -- I hope -- will actually make it easier for the Court to strike it down. They won't be making some out of the blue, shocking decision. They'll be doing what the public expects, and what it wishes them to do.

The release of the oral argument tapes serves as a trial balloon for the proposition that ObamaCare can and should be struck down. The reception to this trial balloon is positive.